(A) No person shall make any opening or excavation in or under any street nor construct nor change any driveway approach, except for the addition of gravel or any other acceptable repair practices, nor do any work, except for minor landscaping (e.g. lawn mowing, flower planting, etc.), under nor within the right-of-way limits of any street without first obtaining a permit therefor from the City. The application for a permit shall be issued by the City clerk, who shall also collect proof of insurance, a surety bond (which shall be redeemed by the City in the event the City must make repair, alter or complete any work listed, mentioned or illustrated in the permit and/or in any attached or otherwise associated documents), and all permit fees listed on the application; however, no permit will be required for the replacement of public utility poles in the same location nor will permits be required for work done at the direction of the City, either by contract or by employees of the City. No such permit shall be granted until the plans and specifications for the work proposed to be done have been approved by the City. In case of emergency occurring after office hours, at night, or on a Sunday or legal holiday, when an immediate excavation may be necessary for the protection of the public or private property, the same shall be reported to the police department, which shall grant permission to make the necessary excavation upon the express condition that an application be made for a permit on or before noon of the next business day.
(B) Any public utility operating in the state under the jurisdiction and control of the Michigan Public Service Commission, its successors or assigns, upon written application on a form furnished by the City and upon filing a certificate of insurance and the payment of a annual fee, as hereinafter provided, shall be granted a permit under the provision hereof for the repair of any underground facilities in a public street for a period of one year from the date thereof Any public utility which has not procured an annual permit, may not be issued permits without deposits and shall pay the regular permit fee. All construction and replacement work shall comply with § 96.46, paragraph (A)
(C) The issuance of such a permit shall be contingent upon fulfillment of the following conditions:
(1) The applicant shall agree to keep the operations carefully barricaded, lighted at night, and otherwise protected as required by the City to secure the safety of the public and property.
(2) The application shall be accompanied by the fee established herein, which fee is declared to be for the purpose of reimbursing the City for the costs of making application and of inspecting the excavation or opening , the work done therein and the closure of the excavation.
(3) The applicant shall agree to complete the operations within the time specified in the permit.
(4) Before any permit is issued, the City shall require from all applicants, such public liability and property damage insurance as shall protect the applicant and the City from claims for damages for personal injury, including wrongful death, as well as claims for property damage. Said policy shall name the City as an additional assured, by means of certificate copy of insurance to said City. Amounts of such insurance shall not be less than $100,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person, and in an amount not less than $300,000 on account of one accident and property damage insurance in an amount not less than $10,000. Any person other than utility companies doing excavation work in any City street or alley shall provide the City with a surety bond in the amount of $1000 or 100% of the estimated cost to restore the excavation work site, which ever is greater, for each job or $10,000 per year guaranteeing that the contractor will complete the work in accordance with all subsections and the plans and specifications as approved by the City. In lieu of a surety bond, such as required above, a person may leave the same face dollar amount (as the surety bond) of legal United States of America currency or certified check or money order, as the work performance warranty deposit, with the City.
(5) Each contractor making an excavation shall be required to notify MISS DIG in accordance with all MISS DIG notification procedures.
(6) Each contractor must agree to replace any and all trees that must be uprooted or that may become damaged-(to the point that the tree may not be expected to live) during the permitted work operations. Replacement trees must be at minimum 2.5 inches in diameter, in good health, properly planted, and of the same species (or approved equal) as the original tree it replaces. Failure to comply with this provision allows the City to redeem and use the surety bond or deposit to make said tree replacement(s).
(7) Each contractor must agree to replace any and all permanently installed fixtures and structures that become removed or significantly damaged. Failure to comply with this provision allows the City to redeem and use the surety bond or deposit to make said tree replacement(s).
(D) Mail Boxes and Newspaper Boxes
(1) Single mail boxes that are mounted on a 5 inch diameter wood post that is imbedded in the soil, or on a lesser structure, are not required to be permitted under this subsection. Mail boxes mounted on a more substantial structure shall not be erected unless its plans and specifications are approved by the City.
(2) Clustered mail boxes shall be placed in a location approved by the City.
(3) Newspaper boxes shall be mounted on the same post or other mounting structure as the mall box for any given address.
(Ord. 228, passed 4-20-98; Am. Ord. 229, passed 5-18-98)